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(영문) 서울중앙지방법원 2016.06.10 2015가합572408

입회금반환

Text

1. The defendant shall set out to the plaintiffs each amount stated in the "amount of payment" list in attached Form 2 and the same list among them.

Reasons

1. Basic facts

A. Plaintiff A’s membership agreement, etc. 1) Plaintiff A, around October 2008, shall be the Korea Job World Co., Ltd., Korea (hereinafter “Korea Job World”).

B) As regards the foregoing, Criart recreational condominiums (hereinafter referred to as “instant Lriart”) newly constructed by the said Company in Pricheon-si B.

) Of the 105 square meters of a unit, a membership agreement was concluded with the content that the unit shall be sold in KRW 27.9 million, and on October 15, 2008, paid KRW 27.9 million to the Han-ri Art. 15, 2008.2) On the other hand, the membership agreement entered into between the Plaintiff A and Han-ri Art is stipulated as follows:

Indication of the object

4. Scheduled date of use: In the event that the Plaintiff fails to pay the amount to be paid under this Agreement by the due date of the payment agreement, the late payment charges calculated by applying the overdue rate of general loan of commercial banks to the relevant paid amount from the date following the date of the payment agreement shall be paid plus the late payment charges calculated by adding the overdue rate to the relevant paid amount from the date of payment to the date of the scheduled date of use of the container; 2) in the event that the use of the container is delayed due to the cause, such as the delay of the completion date from the scheduled date of use to the date of actual available date, the late payment shall be paid in accordance with the overdue rate

Article 9(3) The Plaintiff may rescind this contract in the event that it becomes impossible to use the container more than three months from the scheduled date of use of the container due to the reasons such as the completion body of the Korea Development Bank. (b) The Defendant entered into a management-type trust contract between the Defendant and the Korea Development Bank on June 23, 2010 with respect to the management-type land trust contract between the Defendant and the Korea Development Bank, etc. (i) the Defendant entered into a trust contract between the Korea Development Bank and the Korea Development Bank on the trust of the instant resort site from the Korea Development Bank and the construction of the instant resort site on the land to sell the said site and the building as trust property.

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